This fully revised and updated textbook weaves law into its historical, political, and sociological context, while providing clear explanation of the law as it applies to American colleges and universities. This text draws exclusively on federal and state cases emerging from campuses and includes helpful pedagogical elements--such as chapter outlines, questions for discussion, side bars, text boxes, research aids, and summation of law--to equip readers with the tools and knowledge to effectively respond in an environment of increasing litigation. Addressing a gap in the literature, this new edition provides a comprehensive and accessible understanding of the latest laws relevant to higher education and student affairs administrators. New In This Edition: Explanation and streamlining of old case law. New cases throughout covering recent developments in: student loan debt, student safety, Internet speech, affirmative action, discrimination, Greek life, issues relating to new technology, non-faculty employees, campus police, and athletics. Revised explanation on student and college costs. Expanded examination of the idea of academic freedom

Table of Contents:
Contents Preface About the Authors Nature of Law Introduction Sources of Law Stare Decisis: The Doctrine of Judicial Precedent The Practical Application of Stare Decisis Function of the Courts Structure of the Courts Process of Going to Court Finding the Law Questions and Issues for Discussion Research Aids Legal Structure of Higher Education Introduction Defining the University College and University Corporations Essence of the Dartmouth College Decision Public Universities The Constitutionally Autonomous State University State University as a Creature of the Legislature State University as a Subordinate Agency Summation of Law Questions and Issues for Discussion Research Aids Religion Introduction The Ageless Conflict American Antecedents to the First Amendment Meaning of the Establishment Clause The Decline of the Establishment Clause The New Establishment Jurisprudence: Dismantling the Wall Higher Education and the Establishment Clause Supreme Court’s New Restraint on Taxpayer Standing State Constitutions and Religious Freedom State Constitutions and Aid to Sectarian Colleges Teaching Religion in State Universities Summation of Law Questions and Issues for Discussion Research Aids Student Fees and Tuition Introduction Equity and Tuition Incidental Fees Nonresident Tuition Irrebuttable Presumption Alien Students Supremacy Clause Defaults on Federal Student Loans Summation of Law Questions and Issues for Discussion Research Aids Students and Parietal Rules: Living and Learning Introduction Parietal Rules Debt Service on Construction Bonds Power to Issue Revenue Bonds Required Residence of Students Summation of Law Questions and Issues for Discussion Research Aids Contractual Relationship Between Student and University Introduction Contracts Contract Law Applied to the Universities Summation of Law Questions and Issues for Discussion Research Aids Student Dismissals and Procedural Due Process of Law Introduction Two Aspects of Due Process Procedural Due Process Summation of Law Questions and Issues for Discussion Research Aids Substantive Due Process: Liberty and Property Interests of Students in Grading and Dismissals Introduction Substantive Due Process Explained Judicial Deference to Academic Decisions Summation of Law Questions and Issues for Discussion Research Aids Student Speech, Expression, and Association Introduction Clear and Present Danger Limits of Student Freedom Outside Speakers Material and Substantial Disruption Forum Analysis Closed Forum within University Open Forum Time, Place, and Manner Student Association and Organizational Recognition Unprotected Speech True Threats and Internet Conclusion Summation of Law Questions and Issues for Discussion Research Aids Free Speech and Electronic Communication Introduction Forum Analysis and the Internet Unprotected Electronic Speech When the Forum Analysis Applies Summation of Law Questions and Issues for Discussion Research Aids Student Press Introduction Background Press Suppression Pre-Hazelwood Recent Era and Forum Analysis Heresy and Blasphemy Summation of Law Questions and Issues for Discussion Research Aids Search and Seizure Introduction Historical Antecedents Meaning of the Fourth Amendment Search Warrants Exceptions to Warrant Requirements Exclusionary Rule Two Types of Suspicion Objects of a Search Plain View Doctrine Searches on Campus Recapitulation Cell Phone Searches Summation of Law Questions and Issues for Discussion Research Aids Academic Freedom Introduction Intellectual Freedom in Europe Secular Freedom Academic Freedom in the United States Three Types of Academic Freedom Academic Freedom and Witch Hunts Academic Freedom as Institutional Autonomy Shared Governance Academic Freedom in Church-Controlled Universities Loyalty Oaths Privilege against Self-Incrimination Summation of Law Questions and Issues for Discussion Research Aids Faculty Contracts, Tenure, and Collective Bargaining Introduction Common Law Contracts Breach of Contract Tenure Contracts Reasons for Dismissal of Tenured Faculty Collective Bargaining Contracts Private University Bargaining Public University Bargaining Summation of Law Questions and Issues for Discussion Research Aids Faculty and Due Process of Law Introduction Five Aspects of Due Process Substantive Due Process Procedural Due Process Impartiality The Vagueness Doctrine The Irrationality and Presumption Test Summation of Law Questions and Issue for Discussion Research Aids Speech in Public Institutions Introduction Public Employment Speech Rights of Public Employees Pickering and Matters of Public Concern Speech and the Connick Rule Garcetti and the "Pursuant to Duty" Test Mt. Healthy and Motivating Factors Expressing Public Concerns in Private Summation of Law Questions and Issues for Discussion Research Aids 17. Tort Liability Introduction Grounds for Actions Intentional Interference Strict Liability Negligence Elements of Negligence Defenses for Negligence Summation of Law Questions and Issues for Discussion Research Aids 18. Defamation, Student Records, and the Federal Family Education Rights and Privacy Act Introduction Defamation Law Federal Law and Student Records Family Education Rights and Privacy Act of 1974 Summation of Law Questions and Issues for Discussion Research Aids 19. Immunity from Liability of State Institutions Introduction Background and Rationale Sovereign Immunity in the United States Exceptions to Immunity Rule Nuisance Abrogation of Common Law Immunity Eleventh Amendment Immunity Summation of Law Questions and Issues for Discussion Research Aids 20. Liability and Immunity of Private Institutions Introduction Historical Development Four Theories of Charitable Immunity Summation of Law Questions and Issues for Discussion Research Aids 21. State Action and Students at Private Colleges Introduction Students in the Private Institution State Action Entwinement Summation of Law Questions and Issues for Discussion Research Aids 22. Civil Rights Statutes: Gender, Race and Religion Introduction Gender Discrimination Sex or Gender Equal Protection Exceedingly Persuasive Justification Equal Pay Act Title VII Race and Employment Religion Religious Exemption from Title IX Title IX Retaliation Summation of Law Questions and Issues for Discussion Research Aids 23. Racial Integration and Diversity Introduction Background Separate but Equal Post-Civil War Civil Rights Act Defining Separate but Equal The Brown Case Integration versus Segregation Affirmative Action to Remedy De Jure Segregation Diversity and Narrow Tailoring Desegregation in Private Institutions Summation of Law Questions and Issues for Discussion Research Aids 24. Intellectual Property Introduction Intellectual Property Trade Secret Patents Copyright Trademarks Summation of Law Questions and Issues for Discussion Research Aids